Assembly Bill A1643

2019-2020 Legislative Session

Relates to permitting the increase of the remedy for trademark counterfeiting

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2019-A1643 (ACTIVE) - Details

See Senate Version of this Bill:
S2111
Current Committee:
Assembly Economic Development
Law Section:
General Business Law
Laws Affected:
Amd §360-m, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2015-2016: S3794
2017-2018: A6418, S3366
2021-2022: A3831, S3247
2023-2024: S4775

2019-A1643 (ACTIVE) - Summary

Relates to increasing the remedy for trademark counterfeiting by removing the cap and widening the scope.

2019-A1643 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1643
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 16, 2019
                                ___________
 
 Introduced by M. of A. VANEL, DICKENS, HYNDMAN, MONTESANO, RA, SEAWRIGHT
   --  Multi-Sponsored  by -- M. of A. LAWRENCE -- read once and referred
   to the Committee on Economic Development
 
 AN ACT to amend the general business law, in relation to trademark reme-
   dies
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 1 of section 360-m of the general business law,
 as  amended  by  chapter  507 of the laws of 2014, is amended to read as
 follows:
   1. Any owner of a mark registered under this article  may  proceed  by
 suit to enjoin the manufacture, use, display or sale of any counterfeits
 or  imitations thereof and any court of competent jurisdiction may grant
 injunctions to restrain such manufacture, use, display or sale as may be
 by the said court deemed  just  and  reasonable,  and  may  require  the
 defendants  to  pay  to  such  owner all profits derived from and/or all
 damages suffered by reason of such wrongful manufacture, use, display or
 sale; and such court may  also  order  that  any  such  counterfeits  or
 imitations  in  the  possession or under the control of any defendant in
 such case be delivered to an officer of the court, or to  the  complain-
 ant, to be destroyed or donated. The court, in its discretion, may enter
 judgment  for  an  amount  [not  to exceed] three times such profits and
 damages and/or reasonable attorneys' fees of the  prevailing  party  [in
 such cases where the court finds the other party committed such wrongful
 acts  with  knowledge  or  in bad faith or otherwise as according to the
 circumstances of this case]. The enumeration  of  any  right  or  remedy
 herein  shall  not  affect  a  registrant's right to prosecute under the
 penal law.
   § 2. This act shall take effect immediately.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00848-01-9

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